Taylor v. Simmons

406 F. Supp. 1019, 1975 U.S. Dist. LEXIS 14738
CourtDistrict Court, S.D. Florida
DecidedDecember 18, 1975
DocketNo. WPB-75-216-Civ-CF
StatusPublished
Cited by2 cases

This text of 406 F. Supp. 1019 (Taylor v. Simmons) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taylor v. Simmons, 406 F. Supp. 1019, 1975 U.S. Dist. LEXIS 14738 (S.D. Fla. 1975).

Opinion

MEMORANDUM OPINION

FULTON, Chief Judge.

The plaintiff has filed this lawsuit seeking declaratory relief, reinstatement in his job as building inspector, and back pay for certain alleged violations of his civil rights by the defendants.

BACKGROUND

The plaintiff in this case was employed as a building inspector in the Building and Zoning Department of the City of West Palm Beach, and had been so employed since December of 1967. On April 29, 1975, at approximately 10:00 a. m., the defendant City Manager handed the plaintiff Disciplinary Action Form PE IV, which informed him that he was discharged as of noon that date for violations of certain Civil Service Rules involving the acceptance of gifts or other valuable things.

The plaintiff appealed his discharge, and a hearing before the Civil Service Board of the City of West Palm Beach was scheduled for May 20, 1975. That hearing was continued at the request of the plaintiff until June 5, 1975. The hearing included four days of testimony and an additional day for argument. During that hearing, the evidence revealed that the plaintiff, through a friend, had accepted a fifty dollar contribution in support of his campaign for election as Riviera Beach City Councilman from a construction company. The evidence further demonstrated that the plaintiff received discounted rates at a motel while inspecting the construction of a restaurant on the motel property. The plaintiff admits both the acceptance of the fifty dollar campaign contribution and the discounted motel rate. On June 26, 1975, the Civil Service Board entered its order sustaining the dismissal of the plaintiff.

The plaintiff claims that the Civil Service rules in question are unconstitutional in that they are vague and over-broad, that he was discriminated against because of his race, that he was deprived of certain due process rights since he was discharged without a prior hearing and since he did not receive notice of his discharge prior to the effective date thereof, and that the notice he did receive was indefinite.

Along with the complaint, the plaintiff filed a “motion for temporary relief.” The Court then entered an Order scheduling a hearing on the motion for temporary relief for October 31, 1975. At that hearing, counsel for all parties stipulated and agreed that the October 31 hearing would constitute the final hearing in this cause, and that judgment would thereafter be rendered on the merits of the case.

At the hearing on October 31, the plaintiff voluntarily withdrew his complaint as to the City of West Palm Beach. [1021]*1021In addition, the plaintiff abandoned his claims for compensatory and punitive damages, and now seeks declaratory relief, reinstatement and back pay together with costs and attorneys’ fees.

THE REGULATIONS

The plaintiff claims that Civil Service Rules and Regulations XII 3(a), 3(b)(3), 3(b)(4) and 3(b)(13) are so vague and overbroad as to be constitutionally impermissable.

The pertinent portions of the Civil Service Rules and Regulations read as follows:

Regulation XII

3(a) Any appointing officer may remove a subordinate employee . at any time for any cause which will promote the efficiency of the Service.
3(b) The following acts of employees shall be deemed sufficient cause for removal:
3(b) (3) Has been guilty of conduct unbecoming an employee of the City.
3(b)(4) Has violated any lawful and reasonable regulation or order.
3(b) (13) Has taken any fee, gift or other valuable thing in the course of his work or in connection therewith.

It is well-settled that a law which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning violates due process of law. Cramp v. Board of Public Instruction, 368 U.S. 278, 82 S.Ct. 275, 7 L.Ed.2d 285 (1961); Connally v. General Construction Company, 269 U.S. 385, 46 S.Ct. 126, 70 L.Ed. 322 (1926). The test to be applied is whether the language conveys sufficiently definite warnings as to the proscribed conduct when measured by common understanding and practices. Jordan v. DeGeorge, 341 U.S. 223, 71 S.Ct. 703, 95 L.Ed. 886 (1961) citing Connally v. General Construction Company, supra. In order to be constitutionally sound against a charge of vagueness, the law must give fair notice that certain conduct is proscribed. Rabe v. Washington, 405 U.S. 313, 92 S.Ct. 993, 31 L.Ed.2d 258 (1972).

In Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. 1633, 40 L.Ed.2d 15 (1974), a Civil Service employee was discharged without pay prior to hearing under 5 U.S.C. § 7501(a) which authorizes removal “for ‘such cause as will promote the efficiency of the service.’ ” The Court declined to find the statute unconstitutionally vague, and cited with approval Meehan v. Macy, 129 U.S.App.D.C. 217, 392 F.2d 822, 835 (1968), modified 138 U.S.App.D.C. 38, 425 F.2d 469, aff’d en banc, 138 U.S.App.D.C. 41, 425 F.2d 472 (1969):

“[I]t is not feasible or necessary for the Government to spell out in detail all that conduct which will result in retaliation. The most conscientious of codes that define prohibited conduct of employees include ‘catchall” clauses prohibiting employee ‘misconduct,’ ‘immorality,’ or ‘conduct unbecoming.’ ” (emphasis supplied; see Rule 3(b) (3). Arnett v. Kennedy, 416 U.S. 134, pp. 161-162, 94 S.Ct. 1633, p. 1648, 40 L.Ed.2d 15 (1974)

The Arnett Court also quoted from CSC v. Letter Carriers, 413 U.S. 548, 578, 93 S.Ct. 2880, 37 L.Ed.2d 796 (1973) to the effect that

[T]here are limitations in the English language with respect to being both specific and manageably brief, and it seems to us that although the prohibitions may not satisfy those intent on finding fault at any cost, they are set out in terms that the ordinary person exercising ordinary common sense can sufficiently understand and comply with, without sacrifice to the public interest. Arnett v. Kennedy, 416 U.S. 134, p. 159, 94 S. Ct. 1633, p. 1647, 40 L.Ed.2d 15 (1974).

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Related

City of Fort Lauderdale v. Campbell
362 So. 2d 716 (District Court of Appeal of Florida, 1978)
Glessner v. Metropolitan Dade County
357 So. 2d 485 (District Court of Appeal of Florida, 1978)

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Bluebook (online)
406 F. Supp. 1019, 1975 U.S. Dist. LEXIS 14738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-simmons-flsd-1975.